Cohabitation and instate succession: a human right perspective.
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Date
2016-06
Authors
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Journal ISSN
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Publisher
Kampala international international: School Of Law
Abstract
General comment 19 of the international covenant on civil and political rights asks states to recognize and protect all families but leaves how to do this to state discretion. It is silent on whether all families must be protected equally in all circumstances. Often, states make normative distinction between the unmarried cohabitants and married spouses such that cohabitants are norn1ally not given the quality of rights and protections guaranteed to married spouses. Whereas some researchers found that this situation creates disadvantages for cohabitants and argue for equal treatment of cohabitants and married spouses in all matters of concern to the family, others would like to preserve the usual strict distinctions between them. The thesis uses Uganda's intestate succession law as primary data to take a mid-way position in this research. It proposes a contextual specific approach to assessing issues of interest to the family taking into consideration the human rights implications so as to determine how appropriate it is to distinguish between cohabitants and married spouses. This suggests that human rights concern should normally determine the essence of differential treatment to avoid discrimination against cohabitants.
Description
A research dissertation submitted in partial fulfillment of the Requirement for the award of bachelor’s degree in law at Kampala international university
Keywords
Human rights, Cohabitation, Instate succession